As used in this chapter:
"Developer"
means the person or entity that is legally responsible for
the planning, development, and construction of any development project
covered by this Chapter. The developer may be the property owner of
the real property that is subject of the development project, or a
person or entity legally authorized by the property owner; however,
the property owner shall be jointly and severally liable with the
developer for payment of fees required pursuant to this chapter.
"Development project"
means any proposed construction work that requires a City
permit for construction of a building (either new construction, or
net increase in floor area of an existing building). "Development
project" also means any proposed change of use that requires a City
permit.
"Director"
means the Community Development Director of the City of Napa,
or a designee of the Community Development Director or the City Manager.
(O2017-2, 1/17/17)
Any action by the City to establish, increase or impose a fire
and paramedic development impact fee ("fee") pursuant to this chapter
shall be subject to City Council approval of an implementing resolution
which documents compliance with all requirements of the Mitigation
Fee Act, including the following:
A. Identify
the purpose of the fee by identifying the types and quantities of
development projects creating impacts on the City's ability to provide
fire and paramedic services, and the public facilities designed to
mitigate the impacts that will be funded with the fees generated by
the development projects. This will include an identification of the
types of development projects subject to the fee (using development
project category types, such as: single-family residential, multi-family
residential, commercial, office, industrial, and residential care
facility), the estimated quantities of development projects that will
be subject to the fee, and the estimated impacts of the identified
development projects on the City's ability to provide fire and paramedic
services.
B. Identify
the use of the fee by identifying the specified public facilities
to be funded by the fees, including the estimated costs of the components
of the specified public facilities, such as: real property acquisition,
land use planning, environmental review, design, construction administration,
construction, equipment manufacturing and installation, administrative
costs (including financial, legal, and general administrative services
related to establishment and enforcement of the fee program), and
reasonable contingencies.
C. Determine
how there is a reasonable relationship between the City's use of the
fee and the types of development projects on which the fee is to be
imposed by demonstrating how the development projects will benefit
from the specified public facilities to be funded by the fees.
D. Determine
how there is a reasonable relationship between the need for the specified
public facilities and the types of development projects on which the
fee is to be imposed, by demonstrating how the development projects
create a demand for the construction of the specified public facilities
to be funded by the fees.
E. Determine
how there is a reasonable relationship between the amount of the fee
and the cost of the specified public facility attributable to the
development projects on which the fee is to be imposed. This shall
include two elements: (i) a quantification of the estimated reasonable
cost of providing the specified public facility (including the component
costs identified above); and (ii) an identification of the method
by which the City quantifies the proportionate responsibility of each
development project for the cost of the specified public facilities,
which may be satisfied by establishing a formula which reasonably
quantifies the proportionate responsibility of various types of development
projects using standardized units of measurement.
(O2017-2, 1/17/17)